Opinion
Case No. 1:06-cr-00119.
July 19, 2006
REPORT AND RECOMMENDATION
Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on July 14, 2006, after receiving the written consent of defendant and all counsel. At the hearing, defendant Gabriel Garcia-Martinez entered a plea of guilty to Count One of the Indictment, charging defendant with conspiracy to produce and transfer false identification documents in violation of 18 U.S.C. §§ 1028(f), 1028(a)(1) and (a)(2), in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.
I therefore recommend that defendant's plea of guilty to Count One of the Indictment be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge. The clerk is directed to procure a transcript of the plea hearing for review by the District Judge.